16 Jan 2018
SHA LO TUNG DEVELOPMENT CO LTD v. PERSONS ENTERING, REMAINING ON, TRESPASSING, OCCUPYING OR DOING BUILDING WORKS ON LOT NOS 513, 1315, 1320 IN DEMARCATION DISTRICT NO 31, TAI PO, NEW TERRITORIES (“THE SUBJECT LOTS”), WITHOUT THE CONSENT OR PERMISSION OF THE PLAINTIFF AND PERSONS PREVENTING, HINDERING OR OBSTRUCTING THE PLAINTIFF OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR AUTHORISED PERSONS FROM ACCESS TO AND EGRESS FROM, OR ENJOYMENT OR USE OF, THE SUBJECT LOTS AND ANOTHER
- Citation
- [2018] HKCFI 228
- Court
- Court of First Instance
- Case number
- HCA1976/2017
The 2nd defendant's application to discharge or vary the injunction was dismissed: although there is a serious issue to be tried on the small house's location, the balance of convenience favors maintaining the injunction because the defendant has no licence or adverse possession claim, gave no undertaking as to damages and the plaintiff may suffer irreparable prejudice to a land exchange; there is no serious issue as to easement of necessity, public dedication or prescription because alternative routes exist and no evidence of required elements; the injunction continues until trial but is ame…